What are Presentence Investigation (PSI) Reports in Nevada?

Nevada presentence investigations (PSIs) are reports conducted by the Division of Parole and Probation (NPP) on each defendant who gets convicted of a felony. First the NPP interviews the defendant. Then it composes the PSI report for the court, which relies on it to determine criminal sentences and whether the defendant can get probation instead of a term of imprisonment.

Who gets presentence investigation reports in Nevada criminal cases?

Any defendants convicted a felony in a criminal case gets a PSI, with one exception: Defendants convicted of a category E felony get PSIs only if:

• The defendant had no other PSI report done within the last five years, and either
  

1. The District Court judge requests it; or
2. The defendant was on felony probation when he/she allegedly committed the category E felony; or
3. The defendant previously violated the terms of felony probation; or
4. The defendant did not complete court-ordered rehab; or
5. The defendant has at least two prior felony convictions

Note that judges can request PSIs in gross misdemeanors cases.

What does the presentence investigation report consist of?

PSI reports include all of the following information about the defendant:

• Any prior convictions from his/her criminal record;
• Any unresolved / pending cases involving the defendant;
• A record of when the defendant failed to appear at court, if applicable;
• Any arrests within the past 10 years;
• Any child support obligations;
• Any diversion or specialty court participation, and whether the defendant finished them;
• Defendant’s characteristics, including mental health issues, substance abuse problems, family members, and his/her financial condition;
• The physical, emotional, and financial impact on the defendant’s crime on the victim(s), if applicable;
• Any gang affiliations; and
• Psychosexual evaluation results

Note that psychosexual evaluations are done in cases where:

1. the conviction is for a sex offense; or
2. the conviction is for a felony that is not a sex offense or for a gross misdemeanor, the original charge was for a sex offense; and the defense and D.A. submit a joint request for a PSI to include a psychosexual evaluation.

It is not necessary for the PSI report to contain recommendations for prison terms and fines or regimental discipline programs. The judge will reference any sentencing guidelines and knows what the maximum term and minimum terms allowed are.

Which people conduct the presentence investigation reports?

Depending on the case, the following NPP staff conduct and compose the PSI reports:

• Qualified NPP employees, including probation officers;
• Psychiatrists;
• Psychologists;
• Social workers;
• Registered nurses;
• Marriage and family therapists; and/or
• Clinical professional counselors

Specialists rely on this questionnaire to compile background information. Specialists also interview the defendant’s victims, if any.

Who sees the presentence investigation report?

The following parties are given the PSI report:

• The defendant;
• The defendant’s attorney; and
• The prosecuting attorney (from the District Attorney’s office)

Upon request, the NPP will also supply the report to:

• Law enforcement agencies;
• The Department of Health and Human Services; and
• The Nevada Gaming Control Board

Otherwise, PSI reports should remain confidential.

When can defendants read their presentence investigation report?

Defendants get access to their PSIs about 14 days before the sentencing hearing. But note the presentence investigation report does not have to be done prior to sentencing if either:

• The jury decided the sentence; or
• The defendant had a PSI report done within the last five years

Category E defendants not eligible for a PSI instead get a “general investigation report” within 45 days after sentencing. This includes such information as:

• Any prior convictions from the defendant’s criminal history;
• The defendant’s characteristics and behavior;
• The circumstances of the offense; and
• How the offense impacted the victim, if applicable

Can the PSI be used for anything besides determining a sentence?

Yes. PSI reports may also be used for the following purposes:

• The Nevada Department of Corrections uses it to designate inmates;
• The NPP references it when defendants are released on parole or probation;
• The Parole Board reads it to decide whether to grant or deny parole;
• Correctional treatment agencies refer to it to decide rehabilitation options;
• If the defendant relocates while on probation, the receiving state’s probation department reads it. (Learn about moving states under the Interstate Compact for Adult Offender Supervision (ICOAS)); and
• If the defendant ever becomes a fugitive, the police rely on it to help locate him/her

Call our law firm for help. We offer free consultations in Las Vegas and throughout the state of Nevada.